GENERAL
TERMS & CONDITIONS
1.
ACCEPTANCE OF THE CONTRACT
Upon purchase of the tour package, the terms and conditions
set forth herein become a binding contract between the Purchaser
and Lost World Adventures, Inc. (LWA). Acceptance of this contract
occurs when deposit is received by LWA at its office. Purchaser
represents by tender of payment that the itinerary has been
reviewed and that it meets Purchaser's expectations and request.
The contract is to be performed in City of Decatur, Georgia.
2.
DEFINITIONS
a. The Tour Package purchased by the Purchaser from LWA consists
of the itinerary prepared by LWA and the vouchers for prepaid
travel services. The itinerary is the written travel schedule
listing scheduled daily activities and travel services purchased.
In the event of a difference between information contained in
the brochure and that contained in the itinerary, the language
of the itinerary shall control. Vouchers are coupons which constitute
evidence of prepayment by Purchaser for various travel services.
LWA is bound by only the terms and conditions contained on the
vouchers it delivers to the Purchaser.
b. Confirmation of Travel Arrangements. Travel Arrangements
are not confirmed until LWA has received the required deposits
and Purchaser has received formal confirmation from LWA.
c. Hotel Accommodations. It is anticipated that the hotel accommodations
shown in the brochure will be utilized; however, comparably
classified accommodations maybe substituted at the time the
specific itinerary is prepared. Hotel accommodation classification
standards used at the location involved do not refer to standards
used at any other location.
d. Transfer refers to transportation from one location to another,
generally between airport and hotel and, unless otherwise stated
on itinerary, refers to a seat in a bus, van, car, or other
vehicle. Determination of the appropriateness of vehicle shall
be determined by the provider of the service.
3.
RESERVATIONS AND PAYMENT
To reserve space on any trip, we require a deposit of $250 per
person, or more depending on the specific tour program which
will be advised. Early reservations are essential to guarantee
your accommodations on the date you wish to travel. Reservations
made within 60 days of the departure require full payment, plus
any additional charges for expenses incurred due to special
mailing, fax charges, etc. Final payment is due 60 days prior
to departure. If this final installment is not paid when due,
LWA reserves the right to treat the reservation as canceled.
Payment is via check, money order or bank transfer only.
4.
PARTICIPATION
Purchaser is responsible for selecting a trip appropriate to
his or her health, physical abilities and interests. The right
is reserved to decline to accept or retain a person as a tour
member for any reason which affects the operation of the tour
or the rights and welfare or enjoyment of the other tour members,
and a refund of recoverable land tour services is the limit
of LWA's liability.
5.
PRICE OF TOUR PACKAGE
The Tour Package price includes all the prepaid travel services
represented by the vouchers provided to the Purchaser, together
with the charges by LWA for its services in preparing the itinerary.
a. All prices are accurate and available at the time of publication,
and include charges for planning, operation and servicing the
package. Prices do not include airfare unless otherwise stated.
b. Until full payment is received from Purchaser, prices are
subject to change, due to fluctuations in tariffs, exchange
rates and other factors beyond LWA's control. If the group falls
below the minimum passenger requirement, the trip is subject
to cancellation or repricing.
c. LWA has no obligation to provide Purchaser with any information
concerning the costs utilized in establishing the price of the
tour package, either before, during or after the tour is completed.
Price does not include charges for passports, visas, inoculations,
laundry, liquor and beverages, cover charges, excess baggage
charges, trip cancellation or interruption, accident and baggage
insurance, or transportation not included in the itinerary,
optional tours, any items of a personal nature, any items not
specifically listed as included and international departure
taxes.
6.
CANCELLATION POLICY
Most international plane tickets and most Latin American domestic plane tickets are non-refundable. Some airlines will offer credits for future passage, with penalties.
For your land arrangements, a t the time we receive written notice that you must cancel your trip, the following fees will be charged:
Cancellation more than 60 days prior to departure: $250 per person
30-59 days prior to departure: 50% of trip cost
Less than 30 days prior to departure or no-show: 100% of trip cost.
Important note: Certain hotels, boats, lodges and airlines may have deposit terms and cancellation policies different from those of Lost World Adventures. We may need to collect additional deposits from you to hold reservations. The cancellation penalties on payments will be determined by these individual organizations and will override Lost World Adventure's policy.
We strongly advise our clients to purchase cancellation insurance after the initial deposit for a trip. Some insurance offers a pre-existing waiver if purchased within a short time after the initial deposit, usually 2 weeks. In the event that you must cancel your trip due to illness, family crisis or other emergency, this insurance reimburses you for non-refundable trip costs for covered reasons under the individual policy.
7.
REFUNDS
a. In the absence of exceptional circumstances, no refunds are
given for any unused prepaid services included in the tour package
or any changes made in the itinerary while enroute, including
changes in hotel accommodations, excursions, and transportation
services. Changes included for services provided by LWA are
not subject to refund.
b. Any request for refund must be presented in writing within
30 full days of your return. Requests for a refund based on
a claim of exceptional circumstances, will be considered by
LWA on a case by case basis. LWA, slits sole discretion, will
determine whether exceptional circumstances exist and determine
the amount of the refund, if any. The decision of LWA is final.
No refund requests will be considered or made while Purchaser
is enroute.
8.
CHANGES IN ITINERARY BY LWA
LWA reserves the right to:
a. Make changes or cancellations in services where such changes
are made necessary by circumstances beyond LWA's control, including
changing carriers and substituting similar hotel accommodations
for those designated in the itinerary.
b. Cancel any trip due to inadequate sign-up which makes the
trip economically infeasible to operate. In such cases, a full
refund of the canceled trip cost is the limit of LWA's liability.
9.
CUSTOM TOUR PACKAGES
On request, LWA can prepare custom itineraries for the Purchaser.
In creating a custom tour package, LWA has used its knowledge
and available information to assemble the custom itinerary,
based upon the request and requirements communicated to it by
Purchaser. The custom itinerary is to be reviewed by Purchaser
upon receipt for compliance with Purchaser's requests and to
inform LWA of any changes deemed necessary. Purchaser's failure
to request changes in writing constitutes Purchaser's representation
to LWA that the itinerary meets Purchaser's expectations and
requests. Payment by Purchaser constitutes absolute confirmation
that the itinerary meets traveler's requests and expectations.
Changes in the itinerary by Purchaser, after confirmation of
reservation to Purchaser or payment in full has been received
by LWA, will result in a service charge of $25 for each change
requested and may result in a change in the tour price.
10.
WARRANTY DISCLAIMER
No guarantees or warranties, express or implied, are made that
the tour package will meet all of the traveler's expectations.
11.
RELEASE
LWA, Inc., its affiliates and all cooperating airlines and agencies
act only in the capacity of agents in all matters of transportation
and tour operation, and their liability is limited to the terms
of the airline tickets and land accommodation contracts. Group
organizers, travelers and tour participants, individually and
jointly, release LWA from any and all liability and responsibility,
known or unknown, present or future, for any and all loss, injury
to person, damage to property, or accident, or which maybe the
result of any delay or change of itinerary, or irregularity
connected with the tour package purchased, which is beyond its
control, including but not limited to, acts of God, transportation
problems, fire machinery or equipment malfunction or failure,
government actions, wars, civil disturbances, labor disputes,
riots, thefts, sickness, or weather, and which includes all
expenses or damages, direct or consequential, claimed or sustained
by group organizers, tour participants, or travelers, and waive
LWA based on any claim of negligence by any of the suppliers
of services included in the tour package. The passenger tickets
shall constitute the sole contract between the airlines and
the purchaser of these tickets and/or passenger. All baggage
shall be carried at participant's own risk. Purchaser is solely
responsible for obtaining necessary travel documents for the
areas visited. This release is binding upon group organizers,
tour participants, travelers, their representatives, heirs and
assigns.
12.
CHOICE OF LAW AND VENUE
All questions of law in any action based upon any claim of breach
of this agreement shall be determined in accordance with the
laws of the State of Georgia as existing at the time of such
action. Any action brought by either party based on any claim
arising under or as a result of this contract or based on the
tour package of which it is apart, shall be brought in a court
of competent jurisdiction in City of Decatur, Georgia.